Some Particularities of the Commission Contract, as Regulated by the Civil Code

Abstract

This paper aims to throw light on some particularities of the commission contract as it is presently regulated by the Civil Code, as a species of the mandate contract (without representation). Although the commission contract is well known and often met in the trade, there are still some features that deserve consideration, mainly due to the approach used by the lawmaker in order to translate this contract from the Commercial Code to the Civil Code. It is noteworthy that, while no legal obligational relationship is established between the principal and the third party, sometimes the effects of the contract concluded by the commissioner with the third party are placed directly in the patrimony of the principal, as an apparent exception to the contract’s relativity principle.